15 S.E.2d 801 | Ga. Ct. App. | 1941
The servant predicates her case for damages in the instant case against the master on the theory that it was the absolute duty of the master, after the dangerous and defective condition of the steps arose, to make an inspection of the steps for the purpose of keeping said steps in repair. The duty of the master was the exercise of ordinary care to make the place to work safe, and is but a phase of the broader and more anciently-recognized doctrine of the common law that the owner or occupier of land is liable in damages to an invitee for injuries occasioned by his failure to exercise ordinary care in keeping the premises and approaches safe. Thus, it is ordinary diligence in discovering such defects in the premises and approaches (the steps) that is required; and where, in the instant case, the owner (master) was without actual knowledge of the defect, and it was shown by the petition that there was nothing to indicate the propriety or necessity of making an inspection to ascertain the possible or probable existence of any defects, ordinary diligence did not require an inspection where the owner had no reason to think an inspection was necessary. The action here was properly dismissed on demurrer.
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It seems to be the rule in this State that it is the duty of the master, where the place to work, as here, is permanent, to exercise ordinary care to make the place to work safe (MiddleGeorgia Atlantic Ry. Co. v. Barnett,
Judgment affirmed. Broyles, C. J., and Gardner, J., concur.